Curiously the legal issues of whether an employee has been dismissed, and when, are disputed reasonably often in the unfair…
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It is surprising how many legally recognized variations on a dismissal there are in employment law; for example, constructive dismissal,…
Although the Fair Work Act requires an employer to provide an employee with written notice of the day of termination…
I have been intrigued for some time now whether the concept of constructive dismissal has any role to play in…
The following extract from a Fair Work Commission unfair dismissal case sets out the legal principles which must be made…
“It is clear that for the purposes of the Commission’s unfair dismissal jurisdiction, a “dismissal” can be constituted by the…
It is reasonably common for an employer of casual employees to claim in an unfair dismissal case in the Fair…
It is not uncommon for an employee to give notice of resignation under an employment contract, or even pursuant to…
What is a dismissal for an unfair dismissal case? “Accordingly, the general legal principles to be applied in this case…
For the dismissal of an employee to be capable of having legal effect, certain formalities need to be observed. This…
